Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82762 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17458 of 2025 Applicant :- Mohd. Farman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet no.541 of 2023 dated 17.08.2023, cognizance order dated 31.01.2024 and the entire proceedings of Case No.511 of 2024 (State vs. Mohd. Farman) arising out of Case Crime No.0579 of 2023, under section 60 of U.P. Excise Act, P.S. Tilhar, District- Shahjahanpur, pending in the court of learned Judicial Magistrate, Tilhar, Shahjahanpur.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. Till three weeks from today, no coercive action shall be taken against the applicant herein.
5. However, the applicant will be at liberty to avail all the other legal remedies available at law.
Order Date :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad